WPMS/1388/2021
2021 Latest Caselaw 2537 UK

     IN THE HIGH COURT OF UTTARAKHAND
                          AT NAINITAL
             ON THE 22ND DAY OF JULY, 2021
                                 BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

            Writ Petition (M/S) No. 1388 of 2021


BETWEEN:
       Nirmal Pant                                            ....Petitioner
       (By Mr. Deep Joshi, Advocate)



AND:
       State of Uttarakhand & others.                   .....Respondents
        (Mr. V.D. Bisen, Brief Holder for the State of Uttarakhand/respondent nos.
       1 & 2 and Mr. Ashish Joshi, Advocate for respondent no.3)



                                 JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. Petitioner took a loan from State Bank of India, Branch Berinag, District Pithoragarh. Since he defaulted in repayment of the loan, therefore, proceedings for recovery have been initiated against him.

3. By means of this writ petition, petitioner has challenged the recovery citation issued by Tehsildar for recovery of a sum of `1,31,469/-+ other charges.

4. Learned counsel for the petitioner submits that petitioner is ready and willing to repay the entire outstanding amount; but, he prays that some reasonable time be given to the petitioner for the purpose.

5. Mr. Ashish Joshi, learned counsel appearing for respondent no.3 submits that he has no objection if

reasonable time is given to the petitioner for repayment of the amount of loan.

6. Accordingly, writ petition is disposed of with the following directions:-

I. Petitioner shall deposit a sum of ` 40,000/- with the concerned Bank within four weeks from today.

II. The remaining amount shall be deposited by the petitioner in three equal monthly installments to be fixed by the respondent-Bank.

III. Last installment will carry the amount of interest.

           IV.    Recovery charges shall be waived off, if
                  petitioner        directly    deposits        the
                  outstanding         amount           with     the
                  respondent-Bank.

           V.     In the event, petitioner fails to deposit

`40,000/- within the stipulated period, then petitioner shall not be entitled to protection of this order and the respondent-Bank shall be at liberty to proceed for recovery of entire amount from the petitioner, in accordance with law.

7. Let a certified copy of this order be issued within twenty four hours.

(MANOJ KUMAR TIWARI, J.) Navin